Gas stations confront disabled-access lawsuits

Feb. 11, 2013

Updated Oct. 1, 2014 11:27 p.m.

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Mitch Mitchell, owner of Mitchell's Pit Stop in Orange, looks out toward his gas pumps from his perch behind the service counter. He says that although his self-service pumps don't have payment card readers at wheelchair level his employees are available to assist at no extra charge and they have a clear view of the entire field of pumps from the register. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Gas pumps and self-service payment terminals at Mitchell's Pit Stop, a gas station in Orange. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Mitchell's Pit Stop is one of about 40 Orange County gas stations that were hit with lawsuits by one plaintiff/law firm alleging they don't provide access to the disabled because either the card reader or the gas nozzle is too high. Owner Mitch Mitchell says the station provides full-service at the same price as self-service and always helps people if they're having difficulty pumping gas. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Mitchell's Pit Stop, a gas station in Orange, doesn't offer payment card terminals at their self-service pumps. but signs are up to let drivers in need of assistance know that it's available for the price of a quick honk of their horn. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Gas pumps and self-service payment terminals at Mitchell's Pit Stop, a gas station in Orange. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Mitchell's Pit Stop, a gas station in Orange, doesn't offer payment card terminals at their self-service pumps. but signs are up to let drivers in need of assistance know that help is available. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Mitch Mitchell, owner of Mitchell's Pit Stop gas station in Orange, looks out toward his gas pumps from his perch behind the service counter Tuesday. He says that although his self-service pumps don't have payment card readers at wheelchair level his employees are available to assist at no extra charge. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

Mitchell's Pit Stop in Orange is one of about 40 Orange County gas stations that were hit with lawsuits by one plaintiff/law firm alleging they don't provide proper access to the disabled. Mitchell says his station provides full service at the same price as discount and always helps people if they're having difficulty pumping gas. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

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Mitch Mitchell, owner of Mitchell's Pit Stop gas station in Orange, works on his books from his perch behind the service counter Tuesday. JOSHUA SUDOCK, ORANGE COUNTY REGISTER

Mitch Mitchell, owner of Mitchell's Pit Stop in Orange, looks out toward his gas pumps from his perch behind the service counter. He says that although his self-service pumps don't have payment card readers at wheelchair level his employees are available to assist at no extra charge and they have a clear view of the entire field of pumps from the register.JOSHUA SUDOCK, ORANGE COUNTY REGISTER

When Harry "Mitch" Mitchell bought Mitchell's Pit Stop gas station in Orange in 1999, he purchased gasoline pumps for $6,500 each to comply with federal environmental regulations.

Mitchell said he had never received any customer complaints about the pumps. If someone needs help, Mitchell or his employees run out to pump gas at no extra price.

So he was surprised when a process server showed up at his home on an August Saturday night and served him with a lawsuit alleging his business violated state and federal laws that protect the rights of the disabled.

Mitchell's is one of 39 Orange County gas stations sued from July to November by the San Diego-based Center for Disability Access on behalf of plaintiff Luis Alberto Villegas. The lawsuit identifies him only as a California paraplegic. Most of the lawsuits say the credit card readers or fuel nozzles on automatic pumps at the stations are higher off the ground than the law allows.

Mitchell said his federally approved pumps were placed on a raised concrete platform to protect them from being accidentally hit by vehicles, which might cause gas spills or explosions. He said his card reader is 58 inches off the ground, which may be 4 inches too high.

"We help people all the time, not just the disabled. We watch for people having trouble or they honk," he said. "We have two full-service pumps where we charge the same price as self-serve."

Villegas' attorney, Mark Potter, did not return several phone calls from the Orange County Register. Attorneys for several other defendants did not return calls either. Mitchell is being assisted by a paralegal.

The lawsuit against Mitchell was filed about three weeks before Gov. Jerry Brown signed the newest state law that attempts to curb abuses of the state's disabled-access law while still protecting the rights of the disabled.

The measure, SB1186, was co-authored by state Sens. Darrell Steinberg, D-Sacramento, and Bob Dutton, R-Rancho Cucamonga.

Steinberg said, "The whole point of our state and federal disability-access laws is to remove barriers for the disabled, giving them full and equal access to businesses like everyone else. Up until now, unfortunately, it was often cheaper and quicker for business owners to settle out of court than to remove those obstacles. SB1186 will instead provide more incentives to fix the violations and enhance accessibility."

Larry Paradis, executive director of Disability Rights Advocates of Berkeley, said most advocates for the disabled are trying to resolve access problems and only file lawsuits if corrections aren't made. His group has sued the state Department of Transportation over sidewalks and pedestrian paths it says are hazardous to the disabled.

San Diego's Center for Disability Access has filed hundreds of access lawsuits in California. Los Angeles lawyer Sam Helmi said he has 65 gas station clients who have been served with the center's lawsuits in Orange, Los Angeles, San Francisco and Alameda counties.

Many of the clients want to fight, he said, "but it's a cost-benefit analysis. If there is a violation, they will have to pay, and at the end of the day they face (paying the plaintiff's) attorney fees (in addition to fines). Small businesses don't have the resources to fight these cases."

California has 12 percent of the U.S. population and 40 percent of the lawsuits pertaining to the Americans with Disabilities Act, which reform advocates attribute to California's higher awards to a winning disabled plaintiff even if there is no physical injury. California critics say other states order businesses to fix the problem and pay money damages if the plaintiff is physically hurt.

The new state law prohibits lawyers from sending letters to businesses demanding money to avoid a disability-access lawsuit, according to the labor-law firm of Jackson Lewis LLP. Also, copies of letters to potential defendants must be sent to the California State Bar and the California Commission on Disability Access. Under certain circumstances, a damage award can be reduced from $4,000 to as little as $1,000 but not eliminated completely.

The law also prohibits a plaintiff from claiming multiple violations by repeatedly visiting the same business. The law also adds $1 to business license renewals to support programs that help businesses comply with the ADA.

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